California Health and Safety Code 80945 – A loss specified in Section 80940 is compensable if the Department of …
A loss specified in Section 80940 is compensable if the Department of General Services makes all of the following findings, based upon a preponderance of the evidence:
(a) A release of a hazardous substance occurred.
Terms Used In California Health and Safety Code 80945
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- department: means State Department of Health Services. See California Health and Safety Code 20
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) The claimant or the claimant’s property was exposed to the release of the hazardous substance.
(c) The exposure of the claimant to the release of the hazardous substance was of such a duration, and to such a quantity of the hazardous substance, that the exposure caused the damages, injury, or disease that resulted in the claimant’s loss.
(d) For purposes of subdivisions (d) and (e) of Section 80940, the hazardous substance release, or the order that resulted in the claim for compensation, occurred on or after January 1, 1986.
(e) The conditions and requirements of this chapter, including, but not limited to, the conditions of Sections 80920 and 80925, have been met.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)